Chapter 19

9 GCA CRIMES AND CORRECTIONS CH. 19 ASSAULT , RECKLESS ENDANGERING , TERRORIZING 1 CHAPTER 19 ASSAULT , RECKLESS ENDANGERING , TERRORIZING § 19.10. General Definitions. § 19.20. Aggravated Assault; Defined and Punished. § 19.30. Assault; Defined and Punished. § 19.40. Reckless Conduct; Defined and Punished. § 19.50. Terroristic Conduct; Defined and Punished. § 19.60. Terrorizing; Defined and Punished. § 19.69. Definitions. § 19.70. Stalking. § 19.80. Strangulation; Defined & Punished. § 19.81. Interfering with the Reporting of Family V iolence; Defined & Punished. § 19.10. General Definitions. As used in this Chapter, the terms bodily injury, s erious bodily injury and deadly weapon have the meanings provided by § 1 6.10. SOURCE: M.P.C. § 211.0; See Mass. ch. 263, § 3; N.J. § 2C:1 1-1. COMMENT: Chapter 19 is based on Model Penal Code §§ 211.0 th rough 211.3 with modifications proposed in California. This Cha pter completely eliminates all of the various assault-type crimes found in the former Penal Code. In the former Penal Code the crimes of 'assault with intent to...' now become 'attempts to commit...' as set forth in Chapter 13 of this Code.

ious assault-type crimes found in the former Penal Code. In the former Penal Code the crimes of 'assault with intent to...' now become 'attempts to commit...' as set forth in Chapter 13 of this Code. (§ 13.10) Spe cifically, the following major changes have been adopted: (a) Consolidation of the assault and battery offens es; (b) Elimination of the offenses of 'assault with th e intent to...'; (c) Creation of a general 'reckless conduct' offens e; (d) Special treatment of the use of deadly weapons; and (e) Creation of a general 'terroristic conduct' off ense. The principal factors upon which is based the gradi ng structure set forth in the law are: The actor§ s capability, the seriousness of the inj ury inflicted or intended, and the mode of a conduct. No assault offense has been clas sified as a first-degree felony; the classifications range from petty misdemeanor to sec ond degree felony. See California Joint Legislative Committee for Revision of the Pen al Code, Penal Code Revision Project 161-167 (Tent. Draft No. 2, June 1968). Former Penal Code §§ 248 through 256 (libel) and §§ 258 t hrough 260a (slander) provide for a crime of criminal defamation.

l Code, Penal Code Revision Project 161-167 (Tent. Draft No. 2, June 1968). Former Penal Code §§ 248 through 256 (libel) and §§ 258 t hrough 260a (slander) provide for a crime of criminal defamation. Consideri ng the Supreme Court developments relative to public officials and the total l ack of prosecution COL41220179 GCA CRIMES AND CORRECTIONS CH. 19 ASSAULT , RECKLESS ENDANGERING , TERRORIZING 2 for criminal libel and criminal slander on Guam, the Commissi on felt that these sections should be omitted from the Criminal and Correctional Code. § 19.20. Aggravated Assault; Defined & Punished. (a) A person is guilty of aggravated assault if he either recklessly causes or attempts to cause: (1) serious bodily injury to another in circumstanc es manifesting extreme indifference to the value of human life; (2) serious bodily injury to another; (3) bodily injury to another with a deadly weapon. (b) Aggravated assault under Paragraph (1) of Subse ction (a) is a felony of the second degree; aggravated assault under Para graphs (2) or (3) or Subsection (a) is a felony of the third degree; pro vided that any person convicted of aggravated assault shall not be eligib le for work release or

aggravated assault under Para graphs (2) or (3) or Subsection (a) is a felony of the third degree; pro vided that any person convicted of aggravated assault shall not be eligib le for work release or educational programs outside the confines of prison . SOURCE: G.P.C. §§ 149, 203-204, 225, 227, 240-246, 273, 347 , 360, 361; M.P.C. § 211.2(2); *Cal. § 1500 (T.D.2 1968); Cal. §§ 820, 8 24 (1971); Mass. ch. 265, §§ 6 and 7; N.J. 2C:12-1. Amended by P.L. 19-6:8. CROSS-REFERENCES: § 53.35 (resisting arrest); § 55.40 (obstructing fire control operations); § 58.20 (aggravated escape), all of th is Title. COMMENT: This crime of 'aggravated assault' is committed by either the causing of, or attempting, the injuries set forth within th e Section. Actually, there are two crimes created in this one Section, the first being under § 19.20(a)(1), which is a felony of second degree; and the second being found under Subsections (a)(2) and (a)(3), both of which are felonies of the third deg ree. § 19.30. Assault; Defined & Punished. (a) A person is guilty of assault if he: (1) either recklessly causes or attempts to cause b odily injury to another; (2) recklessly uses a deadly weapon in such a

19.30. Assault; Defined & Punished. (a) A person is guilty of assault if he: (1) either recklessly causes or attempts to cause b odily injury to another; (2) recklessly uses a deadly weapon in such a manne r as to place another in danger of bodily injury; or (3) by physical menace intentionally puts or attemp ts to put another in fear of imminent bodily injury. (b) (1) An assault against a peace officer who is p erforming his official duties as a peace officer is a felony of the third degree if the perpetrator knew or should have known that the victim was a peace offi cer. COL41220179 GCA CRIMES AND CORRECTIONS CH. 19 ASSAULT , RECKLESS ENDANGERING , TERRORIZING 3 (A) In any assault against a peace officer, the jur y shall , with any finding of guilty, also return a finding as to whether the perpetrator had actual knowledge that the victim wa s a peace officer. (B) If the jury finds that the perpetrator had actual knowledge that the victim was a peace officer, the court shall impose a minimum sentence of one (1) year in prison without suspension, probation, parole, or work release. (2) For purposes of this § 19.30, peace officer means one so defined in § 5.55, Title 8, Guam Code

a minimum sentence of one (1) year in prison without suspension, probation, parole, or work release. (2) For purposes of this § 19.30, peace officer means one so defined in § 5.55, Title 8, Guam Code Annotated, an d to also include those individuals serving in a volunteer law enforc ement capacity within any government of Guam law enforcement entit y. (c) An assault committed by a peace officer on a pe rson in his custody or control, without any provocation whatsoever and with the use of excessive force, is a felony of the third degree. (d) An assault committed in a fight or scuffle ente red into by mutual consent is a petty misdemeanor. (e) Any other assault is a misdemeanor. SOURCE: G.P.C. §§ 149, 225, 227, 240-243, 245, 273, 347, 36 1, 380, 417, 601; M.P.C. § 211.1(1); *Cal. § 1510 (T.D.2 1968); Cal. §§ 824, 832, 836 (1971); Mass. ch. 265, §§ 8 and 11; N.J. § 2C:12-1; amended by P. L. 20-226:1. Subsection (b) amended by P.L. 29-095:1 (July 22, 2008). 2017 NOTE: Subsection/subitem designations added/altered purs uant to the authority of 1 GCA § 1606. COMMENT: § 19.30 supersedes a variety of former Penal Code s ections with the following consequence.

17 NOTE: Subsection/subitem designations added/altered purs uant to the authority of 1 GCA § 1606. COMMENT: § 19.30 supersedes a variety of former Penal Code s ections with the following consequence. The Guam Penal Code distingu ishes between assault and battery with respect to both definition and penalty . The new definition of assault includes both such former offenses. Guam Penal Code § 240 required a 'present ability' for an assault. No specific inclusion exists under the present section as the g eneral attempt provisions will be controlling on this issue. This Section specifically provides that an assault can be committed recklessly, a lower level of culpability than the Guam Penal Code langu age of 'attempt to commit' or 'willful and unlawful' infliction of injury. (Guam Penal Code §§ 240 and 242) California is equivocal on the issue and this Secti on probably represents the existing state of California law. In any event, it is to be read as part of this Code and not part of one or other of the California lines of authority b ased upon law which has not been enacted here. COL41220179 GCA CRIMES AND CORRECTIONS CH.

nt, it is to be read as part of this Code and not part of one or other of the California lines of authority b ased upon law which has not been enacted here. COL41220179 GCA CRIMES AND CORRECTIONS CH. 19 ASSAULT , RECKLESS ENDANGERING , TERRORIZING 4 The penalty for assault is a misdemeanor unless the injury was caused by a typical fight or scuffle entered into by mutual consent, th e latter being a petty misdemeanor. It would be necessary, therefore, to present evidence in such cases to show that the defendant victimized the victim without his consent in order to obtain the higher penalty. Likewise, a defense to the higher penalty would appear to be that the fight was started upon the mutual consent of the parties. Wha t is a mutual consent will have to be determined by a jury. Instructions must be devel oped for this instance. § 19.40. Reckless Conduct; Defined & Punished. (a) A person is guilty of reckless conduct if he: (1) recklessly engages in conduct which unjustifiab ly places or may place another in danger of death or serious bod ily injury; (2) intentionally points a firearm at or in the dir ection of another, whether or not the defendant believes it to be load ed.

laces or may place another in danger of death or serious bod ily injury; (2) intentionally points a firearm at or in the dir ection of another, whether or not the defendant believes it to be load ed. (b) Reckless conduct is a misdemeanor. SOURCE: e.g. Guam §§ 273, 346, 347, 361, 417; cf. §§ 394, 4 02, 588a; M.P.C. § 211.2; *Cal. § 1520 (T.D.2 1968); Cal. § 840 (1971) ; Mass. ch. 265, §§ 10 and 11; N.J. § 2C:12-2. COMMENT: § 19.40 supersedes a number of Guam Penal Code prov isions punishing conduct which, though fortuitously not re sulting an injury, is reckless with the respect to the creation of danger to life. This type of reckless conduct is generalized into one provision as is done in the Mo del Penal Code and other Modern Codes. § 19.50. Terroristic Conduct; Defined & Punished. (a) A person is guilty of terroristic conduct if he threatens to commit any crime of violence with intent to cause evacuati on of a building, place of assembly; or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of t he risk of causing such inconvenience. (b) Terroristic conduct is a felony of the third de gree. SOURCE: cf.

rtation, or otherwise to cause serious public inconvenience, or in reckless disregard of t he risk of causing such inconvenience. (b) Terroristic conduct is a felony of the third de gree. SOURCE: cf. Guam § 403a; *M.P.C. § 211.3; Cal. § 1530 (T.D. 2 1968); Mass. ch. 265, § 9; N.J. § 2C:12-3. CROSS-REFERENCES: §§ 61.15, 55.20 and 61.40 of this Title. COMMENT: Essentially a new section. Compare former § 403a wh ich is limited to false reports of a bomb. It is directed towards a t hreat to commit a crime of violence for the purpose of causing serious public inconveni ence, which would include a threat to explode a bomb, and any other threats, even thou gh no such bomb or device exists. However, it is not intended to cover conduct which comes within the category of disorderly conduct, false alarms or disrupting proc eedings. Rather, it is directed at the COL41220179 GCA CRIMES AND CORRECTIONS CH. 19 ASSAULT , RECKLESS ENDANGERING , TERRORIZING 5 defendant§ s own threat which is intended to cause the prohibited consequences. Similarly, it is not intended to include threat mad e to terrorize another. This type of conduct is covered by § 19.30(a)(3). § 19.60.

n threat which is intended to cause the prohibited consequences. Similarly, it is not intended to include threat mad e to terrorize another. This type of conduct is covered by § 19.30(a)(3). § 19.60. Terrorizing; Defined & Punished. (a) A person is guilty of terrorizing if he communi cates to any person a threat to commit or to cause to be committed a crim e of violence dangerous to human life, against the person to whom the commu nication is made or another, and the natural and probable consequence o f such a threat, is to place the person to whom the threat is communicated or the person threatened in reasonable fear that crime will be co mmitted. (b) Terrorizing is a felony of the third degree. SOURCE: Added by P.L. 16-34, eff. 09/02/81. § 19.69. Definitions. Unless otherwise indicated, as used in § 19.70: (a) Harasses or harassment means a knowing and willful course of conduct, whether physical, verbal, written, electro nic, telephonic, via or by use of a computer, computer network, computer sy stem, telephone network, data network, text message, instant messag e, or otherwise, directed at a specific person which alarms, annoys, or distresses the person, and which serves no

ork, computer sy stem, telephone network, data network, text message, instant messag e, or otherwise, directed at a specific person which alarms, annoys, or distresses the person, and which serves no legitimate purpose. Suc h course of conduct must be of a nature to cause a reasonable person to suffer substantial emotional distress, and must cause substantial emot ional distress. (b) Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short , evidencing continuity of purpose. Constitutionally and statuto rily protected activity, including, but not limited to, picketing as a result of a labor dispute, is not included in this definition. (c) Credible threat means any threat, physical or verbal, overtly or subtly manifested, constituting a threat with the i ntent and apparent ability to carry out the threat with the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family. Such threatening advance must be against the life of, or a threat to cause bodily injury to, the person t hreatened or to a member of his or her immediate family.

fety of his or her immediate family. Such threatening advance must be against the life of, or a threat to cause bodily injury to, the person t hreatened or to a member of his or her immediate family. (d) Computer means any electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing COL41220179 GCA CRIMES AND CORRECTIONS CH. 19 ASSAULT , RECKLESS ENDANGERING , TERRORIZING 6 logical, arithmetic, or storage functions, and includes all computer equipment connected or related to such a device in a computer system or computer network, but shall not include an automated typewriter or typesetter, a portable hand-held calculator, or other similar device. (e) Computer network means two (2) or more computers or computer systems interconnected by communication li nes, including microwave, electronic, or any other form of communi cation. (f) Computer system means a set of interconnected computer equipment intended to operate as a cohesive system. SOURCE: Added by P.L. 22-35:2 (9/27/93). Amended by P.L. 3 1-009:2 (Mar. 9, 2011). NOTE: Section 1 of P.L. 22-35 stated the following Legisl ative Findings and gave to this and the following section the title,

ded by P.L. 22-35:2 (9/27/93). Amended by P.L. 3 1-009:2 (Mar. 9, 2011). NOTE: Section 1 of P.L. 22-35 stated the following Legisl ative Findings and gave to this and the following section the title, The Guam Stalking Law : The Legislature finds Guam law to be woefully lacki ng in the adequate protection of persons who are threatened by the men acing presence of another person. It is assumed that scores of assaults and h omicides could have been prevented in Guam over the last several years with adequate protective statutes in effect. The Legislature finds a need for a crimi nal statute to deter and punish the act of stalking, as defined in this Act. § 19.70. Stalking. (a) A person is guilty of simple stalking if he or she willfully, maliciously, and repeatedly, follows or harasses an other person or who makes a credible threat with intent to place that p erson or a member of his or her immediate family in fear of death or bodily inj ury. (b) A person is guilty of advanced stalking if he o r she violates Subsection (a) of this Section when there is a temp orary restraining order or an injunction or both or any other court order in e ffect prohibiting the behavior described in that

he o r she violates Subsection (a) of this Section when there is a temp orary restraining order or an injunction or both or any other court order in e ffect prohibiting the behavior described in that Subsection against the s ame party. (c) A person is guilty of advanced stalking if he o r she violates Subsection (a) of this Section a second or subseque nt time against the same victim, within seven (7) years of a prior convictio n under that Subsection, and involving an harassment or a credible threat of violence, as defined in §19.69 of this Chapter. (d) Simple stalking is a felony of the third degre e. (e) Advanced stalking is a felony of the second de gree. COL41220179 GCA CRIMES AND CORRECTIONS CH. 19 ASSAULT , RECKLESS ENDANGERING , TERRORIZING 7 (f) This Section shall not apply to conduct which occurs during labor picketing. SOURCE: Added by P.L. 22-35:3 (Sept. 27, 1993). Amended by P.L. 31-009:3 (Mar. 9, 2011). § 19.80. Strangulation; Defined & Punished. (a) A person is guilty of strangulation if he knowi ngly or intentionally, against the will of another, impedes the normal bre athing or circulation of the blood of another by applying pressure to the th roat or neck or by

of strangulation if he knowi ngly or intentionally, against the will of another, impedes the normal bre athing or circulation of the blood of another by applying pressure to the th roat or neck or by blocking the nose or mouth of another. (b) Strangulation is a felony of the third degree; provided, that any person convicted of strangulation shall not be elig ible for work release or educational programs outside the confines of prison . SOURCE: Added by P.L. 33-205:1 (Dec. 15, 2016). § 19.81. Interfering with the Reporting of Family V iolence; Defined & Punished. (a) Any person commits the crime of interfering wit h the reporting of family violence if the person: (1) commits an act of family violence, as defined i n § 30.10 of Chapter 30 of this Title; and (2) intentionally, knowingly, or recklessly prevent s or attempts to prevent the victim of or a witness to that act of f amily violence from calling a 911 emergency communication system, obtai ning medical assistance, or making a report to any law enforceme nt official. (b) Commission of a crime of family violence under Subsection (a) of this Section is a necessary element of the crime of interfering with the reporting of family

ort to any law enforceme nt official. (b) Commission of a crime of family violence under Subsection (a) of this Section is a necessary element of the crime of interfering with the reporting of family violence. (c) Interference with the reporting of family viole nce is a felony of the third degree. SOURCE: Added by P.L. 33-202:2 (Dec. 15, 2016). 2017 NOTE: P.L. 33-202:1 (Dec. 15, 2016) enacted virtually i dentical language as 9 GCA § 30.300. ---------- COL4122017